What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
What is the best way to get a lawyer to represent you in a contested or uncontested divorce?
Many people wonder whether hiring a lawyer in a contested versus an uncontested divorce will save them time and money. Is it really necessary? These are the main benefits and drawbacks of each. Read on to decide whether hiring a lawyer is necessary in your particular situation. Also, don't forget the pros and cons. We'll also discuss the differences between contested and uncontested divorces.
Divorce Cost
Although the costs of a divorce is more expensive than one that is uncontested, they are still affordable. While an uncontested divorce is easier to get through, it costs more to file for a trial. Although attorney fees and court fees are typically the same for both parties, a contested separation can result in additional costs. There are many issues that can be litigated during a trial. They include child support, maintenance, pensions and property division. The cost of these items can also increase the couple's final divorce settlement.
Mediated divorce is best for couples who are happy in their marriage and don't want to be accused of anything. Mediation can help a couple reach a settlement agreement before filing for a divorce. Some states require that a divorce be mediated before it is filed. In certain cases, judges may require mediation. Mediation may not be the best solution for every case.
While both contested and uncontested divorces are expensive, uncontested divorces are the cheapest. However, a contested separation can cost more than $10,000. That includes attorney fees, court costs, as well as other expenses. However, an attorney can help protect your rights and reduce the costs of divorce proceedings. A study showed that 11% paid $100 per hour for an attorney, and 20% paid $400.
How Long Does A Divorce Take?
When you're thinking about getting divorced, you're probably wondering about the differences between a contested and an uncontested divorce. While both types of divorce are legal, the cost of the former is significantly less. Uncontested divorces may not be for everyone. Even if you and your spouse have agreed to file for a divorce, this doesn't mean that it's going to be a breeze. If you and/or your spouse can't agree on any major issues, you will need to hire an attorney or mediator. Sometimes, you might be able to obtain divorce without the need for a lawyer.
If you and your spouse agree on everything, an uncontested divorce will generally take about six weeks. Every divorce is different so the timeline can vary. Some divorces can be completed in less than six weeks. Some divorces can take several months to complete. It can take even longer if your spouse has been slow in returning paperwork. In both cases, a lawyer may be necessary.
Uncontested and contested divorces are distinguished by the length of the proceedings. If one party refuses negotiation, the whole process could take months or even years. On the other hand, an uncontested divorce can go through relatively quickly, because no one is disputing anything. This type is often more stressful, so both sides will have to spend more time and more money.
Am I Required to Hire a Lawyer for a Uncontested or Contested divorce?
You should choose whether you hire a lawyer to file for contested v divorce or uncontested divorce depending on the state's laws. Uncontested divorces in states that require a divorce lawyer are much easier to obtain. Uncontested divorces are less stressful and more affordable, and tend to preserve the relationships between the spouses. Common reasons to hire a lawyer when contested divorcing are child custody and property division.
When determining whether to hire a lawyer, you should first understand the laws regarding divorce. Most states require that a final hearing be held before a divorcing party can legally proceed. If both parties are happy with the settlement, the divorce proceedings can be finalized. If the state does not require a final hearing to end the divorce proceedings, a judge will sign it. Some states require a waiting phase before a divorce decree can be finalized.
An uncontested divorce requires cooperation from both sides. Both the parties can agree on the key terms of an uncontested divorcement, including child custody rights and support. Most often, this includes a settlement agreement and division of marital debts and assets. The judge will then review the agreement and approve final divorce decrees. The cost for an uncontested divorce will be low. In many states, a lawyer may cost as little as two hundred dollars.
For more information on Arizona Divorce Law, or help with a pending divorce case, visit one of the sites below